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The Guardian - UK
The Guardian - UK
Business
Roy Greenslade

Nottingham Post pays compensation over mistaken use of photograph

High court told that mistake caused reputational harm, distress and hurt.
High court told that mistake caused reputational harm, distress and hurt. Photograph: Alamy

A soldier who was wrongly identified as her non-identical twin sister, who was tried over the death of a seven-year-old girl, has received an apology at the high court.

Lance Bombardier Kerry-Ann Morris brought libel proceedings over an article published on the Nottingham Post’s website in June 2015.

It concerned the death of Morris’s niece, Shanay Walker, at the home of Kay-Ann Morris, her twin sister. She, along with her mother, was convicted of child cruelty.

Their trial in April 2015 was attended by Lance Bombardier Morris, who gave evidence against them on behalf of the prosecution.

The Post’s article was illustrated by several pictures, including one of the lance bombardier, who has been the face of the army’s equality and diversity campaign and represents the army in athletics.

The picture caption incorrectly identified Kerry-Ann as her twin sister Kay-Ann, against whom she was testifying.

The lance bombardier’s solicitor, Persephone Bridgman Baker, told the high court in London: “The meaning of the combined article and photograph is that the claimant was tried for murder of a young child in her care and convicted of cruelty to that child.

“The article caused the claimant very considerable upset; and she says the stress it caused also had a knock-on effect on her ability to work and train to the best of her abilities.

“There is, of course, no truth in these allegations. The claimant is an upstanding citizen serving her country in the British army.

“The claimant has been stationed in Germany since 2012 and had no part in the abuse of Shanay Walker. The claimant was a key prosecution witness in the criminal trial of her twin sister and mother.”

Bridgman Baker said the Post’s publisher, Local World (which is now part of Trinity Mirror), acknowledged its mistake and had removed the incorrect photograph from its website.

It then made an unqualified offer of amends and published an agreed online apology on 25 August 2015.

The publisher also offered her compensation, which had now been agreed, for the considerable reputational harm, distress and hurt caused to her.

Greg Callus, counsel for Local World, repeated its apology to Kerry-Ann Morris for the distress and hurt caused.

Source: PA Media Lawyer

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